Anhui Province In Proportion To Disabled Persons Employment Schemes

Original Language Title: 安徽省按比例安排残疾人就业办法

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(May 24, 2004 13th Executive meeting consideration of the people's Government of Anhui Province on May 30, 2004, 165th promulgated by the people's Government of Anhui Province as of July 1, 2004) first in order to protect the rights of persons with disabilities, Anhui Province, in accordance with the implementation of People's Republic of China approaches the protection of disabled persons act and the relevant provisions, these measures are formulated. Above the county level II disabled persons ' Federation, entrusted by the people's Governments at the corresponding level, responsible for arranging employment for persons with disabilities to administration and administrative law enforcement.
    Financial, taxation, statistics, labor and social security, civil affairs and administrative departments for industry and commerce shall cooperate, consistent with their respective responsibilities.
    Article of this province, permanent residence, in line with China's practical evaluation standards for the disabled, in accordance with the statutory age for employment, employment requirements, I have a certain ability to work, capable of taking care of the unemployed persons with disabilities, for the placement of the object proportionally.
    Fourth, disabled persons ' federations at the provincial labor and social security administrative departments under the guidance of, establish and perfect the labor ability assessment system, improve the employment service system, strengthen the vocational training of persons with disabilities to guide employment for persons with disabilities.
    Fifth article of the province within the administrative area of State organs, public organizations, enterprises, institutions and other social organizations (hereinafter referred to as the employer) on terms no less favourable than the 1.5% ratio of the total number of employees in the previous year to arrange employment for persons with disabilities.
    Total number of employers in China last year, statistics in local statistical departments above the county level shall prevail.
    Disabled workers that have been employed in the unit, identified by the disabled persons ' federations above county level shall, in line with the practical evaluation standards of persons with disabilities in China, accounted for in the proportional arrangement of the unit share of employment of persons with disabilities.
    The employer should be made before March 31 in each year, the previous year, statistics of the total number of employees of the entity reports and roster of disabled employees above the county level, report to the local disabled persons ' Federation.
    Sixth employer hiring people with disabilities, under the same conditions, give preference to relatives of persons with disabilities of the employees in this unit.
    Employers hire people with disabilities, should enter into labor contracts with disabled persons according to law, to apply for social security disability and employees.
    Employers to dismiss employees with disabilities, and the disabled worker's labor contract should be in accordance with the law, and above the county level, report to the local disabled persons ' Federation, for the record.
    Article seventh employers employing disabled persons in employment, should be based on knowledge, ability and physical and mental obstacles, persons with disabilities, appropriate jobs and jobs promotion, promotion, training, job appraisal, remuneration, welfare, social security, and so on, may not discriminate against persons with disabilities. Article eighth does not arrange employment for persons with disabilities and arranging employment for persons with disabilities did not reach the required percentage of employers pay employment benefits on an annual basis.
    Every little one disabled, according to the local statistics departments at and above the county level statistics on a standard annual average remuneration of employees in the region to pay employment benefits.
    Employers arrange exemption arrangements for disabled employees the difference is less than one person, but according to the percentage of the difference and pay the employment security fund of disabled persons. Nineth above county level disabled persons ' Federation and the local tax authorities at or above the county level in accordance with the classification principles of levy is imposed by the employment security fund responsible for persons with disabilities.
    Disabled persons ' Federation, is responsible for the collection of State organs, social organizations, institutions and other social organizations shall pay employment security fund for the disabled; local tax authority responsible for business persons with disabilities employment security fund payable tax. Disabled persons ' federations above county level shall be responsible for arrangements, by employers last year by year review the employment situation of persons with disabilities, for failing to arrange employment for persons with disabilities and arranging employment for persons with disabilities did not reach the required percentage of employers, should be approved before June 30 of each year on which persons with disabilities employment security fund amounts payable in the previous year, and issued the notification of employment security fund contributions of persons with disabilities.
    The employer shall from the date of receipt of the notice of payment to persons with disabilities within the 30th Federation or local tax authority to pay employment benefits.
    City, County (city, district) disabled persons ' Federation, or local tax authority level on disabled persons ' Federation, or local tax authorities collect employment security fund for the disabled, 60% persons with disabilities employment security fund into the corresponding level of financial accounts, 40% included persons with disabilities employment security fund at a higher level of financial accounts.
    Tenth is imposed by the employment security fund classification of specific provisions of persons with disabilities developed by the provincial disabled persons Federation in conjunction with the local tax authorities.
    11th State organs, social organizations and institutions to pay the disabled employment security fund, expenditures from the funds, enterprises and other social organization from the management fees were charged.
    12th charge persons with disabilities employment security fund, used provincial persons with disabilities, published by the employment security fund of private bills.
    13th article disabled employment guarantees Gold Special for following expenditure: (a) subsidies disabled career training costs; (ii) paid support disabled collective practitioners, and individual business; (three) by sibling financial sector approved, appropriate grants disabled labor employment service institutions funding expenditure; (four) by this level Government approved, award arrangements disabled employment has highlight contribution of units and personal; (five) for conducive to disabled employment of other expenditure.
    Article 14th the use and management of the employment security fund, according to the relevant provisions of the Treasury.
    Disabled persons ' Federation, above the county level should establish and improve the disability employment Security Fund financial management system, strengthen the management of income and expenditure, accept the inspection and supervision of financial and auditing departments.
    15th article employing units in provides term within not pay or not full pay disabled employment guarantees gold of, by County above place tax organ or by this level Government delegate of County above disabled Federation give warning, ordered its deadline pay; late still not pay of, can law sentenced 500 Yuan above 1000 Yuan following fine, and by day added received should pay disabled employment guarantees gold total five out of 10,000 of late fees. 16th the employer disagrees with the decision on punishment, may apply for administrative reconsideration or bring an administrative suit.
    If no application for reconsideration does not bring an administrative suit nor implements the decision, made the decision of the authorities may apply to a court for mandatory enforcement according to law.
    Article 17th disabled persons ' Federation, the local tax authorities and the relevant administrative departments of the Government staff, in the collection, use, and management of persons with disabilities in the work of the employment security fund, in violation of these regulations and the relevant provisions of national and provincial, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. 18th article of the rules take effect on July 1, 2004.
                          March 27, 1996 issued by the provincial Government of Anhui Province in proportion to arrange employment measures for persons with disabilities be abrogated.